SPARBERG v. COHEN, 313 Ill. App. 143 (1942)

39 N.E.2d 993

Gen. No. 41,762. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed January 19, 1942 Rehearing denied February 2, 1942

PAYMENT, § 48[*] — evidence of payment as insufficient. In an action to recover upon two promissory notes, wherein the defense of payment was asserted, the jury could properly find that certain paid notes introduced in evidence were not the ones sued upon.

Appeal from Municipal Court of Chicago; Hon. CECIL CORBETT SMITH, presiding.

Affirmed. Heard in first division, first district, this court at June term, 1941.

James B. Cashin and George N. Kotin, for appellants;

Leon N. Miller, for appellee.

Opinion by PRESIDING JUSTICE McSURELY.

“Not to be published in full.” Opinion filed January 19, 1942; rehearing denied February 2, 1942.